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HomeMy WebLinkAboutOrdinances - ORD-18-1921.1 - 12/17/2018 - Amendment to Meyer Material Annexation Agreement dated 12/17/2018I'�I'I��Nfl�flIIIA'Nllllliil JOSEPH J. TIRIO RECORD ER-MCHENRY COUNTY, IL 2019R0001888 01/22/2019 09:33.01 AM PAGES: 20 GIS FEE 15.00 RECORDING FEE 11.00 AUTOMATION FEE 8.00 This space reserved for Recorder's use only. CERTIFICATION I, Debra Meadows, do hereby certify that I am the duly appointed, acting and qualified Deputy Clerk of the City of McHenry, McHenry County, Illinois, and I do hereby further certify that the attached document is a true and correct copy of Ordinance ORD-18-1921.1 an Ordinance Authorizing the Execution of an Amendment to the South Meyer Material Annexation Agreement along with the fully executed Meyer Material Annexation Agreement dated December 2018. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Deputy Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. Given under my hand and corporate seal of the City of McHenry this 16th day of January, 2019. r i " Debra Meadows, Deputy City Clerk • s .(SEAS.,) City of McHenry, McHenry County, Illinois '1')?.� . y the Office of the McHenry City Clerk of the Deputy City Clerk (City of McHenry 33� S. Green Street CERTIFICATE The undersigned certifies that I am the Deputy City Clerk of the City of McHenry, McHenry County, Illinois and further certifies that the attached is a true and accurate copy of Ordinance ORD-18-1921.1, an Ordinance authorizing the Execution of an Amendment to the South Meyer Material Annexation Agreement along with the full executed Annexation Agreement Amendments as of December 2018. Dated at the City of McHenry Municipal Center, Illinois, this 16th, Day of January, 2019. •• - cr. • v i Deputy City Clerk, Debra Meadows CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER ORD-18-1921.1 An Ordinance Authorizing the Execution of an Amendment to the South Meyer Material Annexation Agreement Adopted by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois December 17, 2018 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 17th day of December 2018. ORDINANCE NO. ' , — I- . , I An Ordinance Authorizing the Execution of an Amendment to the South Meyer Material Annexation Agreement WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. WHEREAS, Chicago Title Land Trust Company, as Trustee under Trust Number 53278 is the record owner ("Record Owner") of the real estate located on the south side of Illinois Route 120, consisting of territory described as and depicted as Parcels A-E on the attached Exhibit A, legally described on the attached Exhibit B; WHEREAS, Meyer Material Company, an Illinois Limited Liability Company, is the sole beneficiary of the Record Owner trust; WHEREAS, notice of a public hearing was published in the Northwest Herald, within the time provided by law, notifying the public of a hearing on said Amendment before the corporate authorities of the City of McHenry; WHEREAS, corporate authorities of the City of McHenry held the public hearing, as required by law, and found that entry into this Amendment is in the best interest of the City; NOW, THEREFORE, be it ordained by the Mayor and City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: The Amendment to the South Meyer Material Annexation Agreement, bearing the date of December 17, 2018, by and between the City of McHenry and the Record Owner be and the same is hereby approved and a complete and accurate copy of said Amendment, without referenced exhibits, is attached to this Ordinance and incorporated herein as Exhibit C. C. SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures to the Exhibit SECTION 3: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Voting Aye: r l.,�i Y ,1 , r, K,, ilkVoting Nay t% Absent: Abstain: - APPROVED: {s> aIJ) G ATTEST: h Mayor yk Jett • r ,; Deputy City Clerk Debra eadows Approved: 7 Z. IM L1e/xten.yCttyoJl Lle�erMateriall �U HOrdAmendSouth.doc Meyer Material Amendment, Page 1 CERTIFICATION I, DEBRA MEADOWS, do hereby certify that I am the duly appointed, acting and qualified Clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby furtherprtify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the ' ,' day of � J:' (• v VA � ; cI' , 2018, the foregoing Ordinance entitled An Ordinance Authorizing the Execution of an Amendment to the South Meyer Material Annexation Agreement, was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. �- i a,J j, , including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on the day of 1,.. g, -� m k; v' 2018, and will continue for at least 10 days thereafter. Copies of such Ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this 7day of 2018. Debra Meadows, Clerk City of McHenry, McHenry County, Illinois Exhibit to An Ordinance Authorizing the Execution of an Amendment to the South Meyer Material Anexation Agreement vwcpii V. . @1n7Roo0,-C NM4P, I Exhibit B to t An Ordinance Authorizing the Execution of an Amendment to the South Meyer Material Anexation Agreement Parcel A: All those parts of Sections 28 and 29 in Township 45 North, Range 8 East of the Third Principal Meridlain'bounded by a line described as follows, to -wit: Commencing at the point of intersection of the East line of the West % of Section 28 with the North right of way line of Route 120; thence Northwesterly & Westerly along Northeasterly & North right of way Route 120 to a point 581.69 feet West of the Wesfi line of the East '/ of the Northeast % of Section 29, thence South 1938,41 feet, thence East on a line parallel to the South line of the Northeast % of Section 29,577.41 feet to the intersection with the West line of the East 2 of the North East'la of Section 29, thence Northerly 55,94 feet, thence Easterly on a sine parallel to and 797,94 feet North of the South line of the Northeast'/a of Section 29 and said line projected East to the West line of lot 10 in Sherman Hill industrial Subdivision, thence Northerly to the Northwest corner of Lot 1Q, thence Easterly along the South right of way line of Dot Street to a point on the West line of Lot 1, thence South on the West line of Lot 1 to the Southwest corner of Lot 1, thence East on the South line of Lot 1 and said line extended to the centerline of Draper Road which is the. East line of the West'/ of Section 28, thence North on the East line of the West /z Section 28 to the place of beginning, all in McHenry County, Illinois. Parcel B. The South Half of the South Half of Section 29 (excepting the South Half of the Southeast Quarter of Section 29; ALSO excepting that part of the South Half of the Southwest Quarter of Section 29, described as follows: Beginning at the Northeast Corner of the South Half of the Southwest Quarter of Section 29 and running thence Weston the North line thereof for a distance of 925 feet to a point; thence South at right angles to the last described fine at the last described point for a distance of 400 feet to a point; thence Southeasterly on a line forming an angle of 30 degrees and 30 minutes to the left with a prolongation of the last described line, at the last described point, for a distance of 285 feet to a point; thence Southeasterly In a straight and direct line to a point on a line drawn 425 feet West of end parallel to the East line of the South Half of the Southwest Quarter of said Section 29, said point also being 510 feet North of the South line thereof; thence South parallel to the East line thereof for a distance of 250.03 feet to a point; thence Southwesterly in a straight and direct line to a point which is 200.02 feet North of the South line thereof and also being on a line 475 feet West of and parallel to the East line of the South Half of the Southwest Quarter of said Section 29; thence South on the last mentioned parallel line for a distance of 200.02 feet to the South line thereof; thence East on said South line to the l Southeast corner of the Southwest Quarter of Section 29 aforesaid; thence North to the place of beginning), also (excepting therefrom the following -described 98-46-13fi4 premises, to wit: That part of the South Half of the Southwest Quarter'of Section 29, described as follows: Commencing at the Northeast Corner of the South Half of the Southwest Quarter of Section 29 and running thence West on the North line thereof for a distance of 925 feet for a place of beginning; thence South at right angles to the last described line, at the last described point, for a distance of 400 feet to a point; thence Southeasterly on a line forming an angle of 30 degrees and 30 minutes to the left with a prolongation of the last described line, at the last described point, for a. distance of 285. feet -to a point; -thence- Southeasterly in a straight and direct line to a point on a line drawn 425 feet West of and parallel to the East line of the South Half of the Southwest Quarter of said Section 29, said point also being 510 feet North of the South line thereof; thence South parallel to the East line thereof for a distance of 260.03 feet to a point; thence. Southwesterly in a straight and direct line to a point which is 200.02 feet North of the South line thereof and also being on a line 475 feet West of and parallel to the East line of the South Half of the Southwest Quarter of said Section 29; thence South on the last mentioned parallel line for a distance of 200.02 feet to the South line thereof, thence West on said South line, a distance of 200,01 feet to the intersection with a line drawn 675 feet West of and parallel with the East line of the South Half of the Southwest Quarter of said Section 29; thence Northerly along the last described parallel line, a distance of 146.47 feet; thence Northwesterly along a line forming an angle of 31 degrees, 39 minutes, } 16 seconds to the right with a prolongation of the last described line, a distance of 981.75 feet; thence Northerly along a line forming an angle of 31 degrees, 41 minutes, 26 seconds to the right with a prolongation of the last described line, at distance of 332.15 feet, to the Northerly line of the South Half of the Southwest Quarter of said Section 29; thence Easterly along said Northerly line, a distance of 265.24 feet, to the point of beginning) and the East Half of the Southeast Quarter of Section 30, all in Township 45 North, Range 8 East of the Third . Principal Meridian, in McHenry County, Illinois. Parcel C.- That part of Section 29, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the West Quarter Corner of said Section 29; thence South along the West line of said Section 29 to the Northwest Corner of the South Half of the Southwest Quarter of said Section 29; thence East along the North line of said South Half of the Southwest Quarter of said Section 29, to the Southwest Corner of Glacier Ridge Unit No. 2, according to the Plat thereof recorded August 7, 1978, as Document No. 741873; thence North along the Westerly fine of said Glacier Ridge Unit No. 2, to the Northwest Corner of said Glacier Ridge Unit No. 2; thence East along the North line of said Glacier Ridge Unit No. 2 and along the North line of Glacier Ridge Unit No. 1, according to the Plat thereof recorded August 30, 1977, as Document No. 706672 to an angle point in said North line of Glacier Ridge Unit No. 1; thence Northeasterly along the Northwesterly line of said Glacier Ridge Unit No. 1 EXHIBIT 2 g B �� 5� 1 3 6 5 to an angle point in said Subdivision; thence East along the North fine of said Glacier Ridge Unit No. 1 a distance of 211.91 feet to a point which is 577.41 feet West from the East line of the West Half of the Northeast Quarter of said Section 29; thence Northerly 389.81 feet to a point which is 578.25 feet West from said East tine and 1508.6 feet South from the North fine of said Northeast Quarter, thence West parallel with said North line 678.25 feet to the East line of the aforementioned parcel of land conveyed--by--Deed recorded..in.Book.127,_page.123;_.thetig— NQl#8 along said East line 1508.6 feet to an intersection with the North line of the Northeast Quarter of said Section 29; thence West along the North line of said Section 29 to a point on said North line 500.00 feet East of the Northeast Corner of the West 100 rods of the Northwest Quarter of said Section'29; thence South parallel with the East line of the West 100 rods of the Northwest Quarter of said Section 29, a distance of 340.0 feet; thence West, parallel with the North line of said Section 29 to the East line of the West 100 rods of the Northwest Quarter of said Section 29; thence North along the East line of the W6st 100 rods of the Northwest Quarter of said Section 29 to the North tine of said Section 29; thence West along the North line of said Section 29 to the Northwest Corner of said Section 29; thence South along the West line of said Section 29 to the point of beginning (excepting therefrom that part of the West 100 rods of the Northwest Quarter of Section 29, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southwest Corner of said Northwest Quarter; thence North along the West line of said Northwest Quarter, a distance of 734.12 feet; thence Easterly along a line forming an angle of 90 degrees, 30 minutes, 48 seconds to the right with a prolongation of the last described line, a distance of 1020.03 feet for a point of beginning; thence continuing along the last described line, a distance of 629.61 feet to a point on the East fine of said West 100 rods of said Northwest Quarter, said point being 681.92 feet North of the Southeast Corner of said West 100 rods; thence South along the East line of said West 100 rods, a distance of 681.92 feet to said Southeast Corner, thence West along the South line of said Northwest Quarter, a distance of 629.74 feet; thence North, a distance of 701.85 feet to the point of beginning; ALSO, That part of the North Half of the Southwest Quarter of Section 29, Township 45 North, Range 8 East of the Third Principal Meridian, lying 200 feet Westerly of (as measured at right angles to) the West line of Glacier Ridge Unit No. 2, a Subdivision of part of said Section 29, according to the Plat thereof re -recorded August 17, 1978, as Document No. 741873), in McHenry County, Illinois. ALSO, The East Half of the East Half of the Northeast Quarter of Section 30, Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. EXHIBIT 2 Page 3 of 5 Parcel D: Ail that part of the West Half of the East Half of the Northeast Quarter of Section 30, Township 45 North, Range 8 East of the Third Principal Meridian, which lies Southerly of the right-of-way line of State Route 120, in McHenry County, Illinois; and - ParcelThe Northwest Quarter of the Southeast Quarter of Section 30 and the North 1/2 of the Southwest 114 of the Southeast 1/4 of Section 30 (except any part thereof lying South of the North line of the property conveyed by Document No. 699743, described as follows: The South 495.76 feet of the North 112 of the Southwest 1/4 of the Southeast 114 of Section 30); ALSO the West Half of the Northeast Quarter of Section 30 (except that part of the West Half of the Northeast Quarter of Section 30, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corder of said Northeast Quarter of Section 30 for the place of beginning of this description; thence Southerly along the West line of said Northeast Quarter, a distance of 100.00 feet to a point; thence Easterly along a line forming an angle of 90 degrees, 00 minutes, 00 seconds to the left, with the last described line extended, a distance of 30.00 feet to a point; thence Northeasterly along a line forming an angle of 53 degrees, 55 minutes, 40 seconds to the left, with the last described line extended, a distance of 50.13 feet to a point; thence Easterly along a line forming an angle of 53 degrees, 25 minutes, 40 seconds to the right, with the last described line extended, a distance of 300.00 feet to a point; thence Northeasterly along a line forming an angle of 16 degrees, 42 minutes, 00 seconds to the left, with the last described line extended, a distance of 104.40 feet to a point; thence Northerly along a line forming an angle of 73 degrees, 18 Minutes, 00 seconds to the left, with the last described line extended, a distance of 30 feet, more or less, to a point in the North line of the Northeast Quarter of Section 30 aforesaid; thence Westerly along said North line, a distance of 459.00 feet to the place of beginning), ALSO (except that part of the West Half of the `Northeast Quarter of Section 30, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of the Northeast Quarter of said Section 30, said corner also being on the Center line of FAP Route 21 (Illinois Route 120); thence South 89 degrees, 51 minutes East along the Center line of FAP Route 21 for a distance of 459.0 feet to a point on the East line of a tract of land acquired by State of Illinois, known ao Tract 0001 as set forth in Vesting Order fled on November 26, 1.968, as Case No. 68-2578 in the Office of the Clerk of the Circuit Court In McHenry County, Illinois, for a place of beginning; thence North 0 degrees, 09 minutes East along said East line, t 1 for a distance of 3.9 feet to a point on the North line of said Section 30; thence North 89 degrees, 40 minutes East along said North line of Section EXHIBIT 2 Page 4 of 5 30, for a distance of 855.7 feet to a point on the East line of the West Half of the Northeast Quarter of said Section 30, said point being 8.4 feet radially distant Northerly of the Center line of FAP Route 21; thence South 0 degrees, 20 minutes East along said East line, for a distance of 48.4 feet to a point, being 40.0 feet radially distant Southerly of the Center line of FAP Route 21; thence Westerly along a curve to the tight, having a radius of 68819.6 feet, said curve being concehtric with and 40.0 feet radially distant Southerly of tfib Center iiife of FAP-Route 21, fm'a-dtstance of -- ---- 624.0 feet; thence North 89 degrees, 51 minutes West along a line being parallel to and 40.0 feet normally distant Southerly of the Center line of FAP Route 21, for a distance of 265.4 feet to a point on the Southeasterly line of the aforementioned Tract 0001; thence North 73 degrees, 27 minutes *East along said Southeasterly line, for a distance of 34.8 feet to a point c n the previously described East line of Tract 0001, said point being 30.0 feet normally distant Southerly of the Center line of FAP Route 21; thence North 0 degrees, 09 minutes East along said East line, for a distance of 30.0 feet to the place of beginning) ALSO (excepting the West 420.00 feet of the North 625.00 feet of the West Half of the Northeast Quarter of said Section 30), all in Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. EXHIBIT 2 Page 5 of 5 na_t, C _ 1 Qr;Q Exhibit C to An Ordinance Authorizing the Execution of an Amendment to the South Meyer Material Anexation Agreement is MEYER MATERIAL ANNEXATION AGREEMENT AMENDMENT — DECEMBER 2018 This Amendment to the South Meyer Material Annexation Agreement ("Amendment") is made and entered into this 17th day of December, 2018 by and between the City of McHenry ("City") and Meyer Material Company, LLC, 7001 S. Illinois 1 his apace reserved for Recorder's use only. Route 31, South Elgin, Illinois ("Meyer") and Chicago Title Land Trust Company, as Trustee under Trust Number 53278 ("Chicago Title Trust") (collectively, "Owner"). Recitals WHEREAS, Chicago Title Trust is the record owner of the real estate depicted on the attached Exhibit A, as Parcels A-E and legally described on the attached Exhibit B ("Subject Property"); WHEREAS, Meyer is the sole beneficiary of the Chicago Title Trust. WHEREAS, the Subject Property constitutes territory which is subject to terms of prior annexation agreements and ordinances, as follows: 1. Annexation Agreement dated December 20, 1976, ("Parcel A Annexation Agreement"). 2. Ordinance No 77-122 annexing Parcel B ("Parcel B Annexation Agreement"). 3. Annexation Agreement dated May 4, 1988 ("Parcel C Annexation Agreement"). 4. Annexation Agreements dated October 3, 1991, September 2, 1992 and May 29, 1996 ("Parcel D Annexation Agreements"). 5. Annexation Agreement dated April 22, 1998 ("Parcel E Annexation Agreement"). The Annexation and Annexation Agreements referenced in subparagraphs 1-5, above shall be referred to herein as "Prior Annexation Agreements". WHEREAS, the Prior Annexation Agreement expiration dates of May 4, 2018 were extended to December 18, 2018, by way of various 2018 Tolling Agreements signed by Meyer and the City, to allow the Meyer and the City to negotiate the terms of this Amendment and to the Prior Annexation Agreements and the parties desire to amend the terms of the Prior Annexation Agreements by this Amendment. WHEREAS, the corporate authorities of the City, after due and careful consideration, has concluded that this Amendment would further the growth of the City and enable the City to control the development of the area and serve the best interests of the City. WHEREAS, pursuant to the provisions of 65 ILCS 5/11-15.1-1, et seq., this proposed Amendment was submitted to the corporate authorities of the City and a public hearing was held thereon before the City Council of the City, pursuant to notice, as required by law. WHEREAS, the City, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the City Council approval of this agreement by the authorizing Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE, in consideration of the promises and agreements made herein, the adequacy and sufficiency of which is acknowledged by the parties hereto is agreed as follows: 1. The recitals set forth above are incorporated herein by reference. 2. The purpose of this Amendment is to provide for certain changes or amendments to the Prior Annexation Agreements, leaving in full force and effect the agreements made in the Prior Annexation Agreements, which terms are incorporated herein by reference as if fully stated, to the extent that they are not changed or amended herein. More specifically, 1) no royalty or annexation fee provisions set forth in the Prior Annexation Agreements shall be applicable to the Property; 2) the provisions of Ordinance number 0-96-786 and the May 29, 1996 Second Amendment to Annexation agreement relating to the Wash Plant are superseded and replaced by the provisions of this Amendment; and nothing herein shall negate the 1-1 and special use zoning classification previously granted to Parcel A under the terms of that certain annexation agreement dated December 20, 1976 and Ordinance number 0-93 a/k/a Ordinance number 76- 93. 3. The following amendments are made to the Prior Annexation Agreements: A. Term Extension and Completion Deadlines. The Prior terms of the Prior Annexation Agreements are hereby extended to June 30, 2028, subject to timely completion of the following mining operations: a. All dry bank (above ground level) mining operations, as depicted and designated on the Mining Plans (as defined below), shall be fully and finally completed; and the primary/field crusher, which is the largest contributor of noise to the neighboring property owners, shall be removed from the Subject Property, no later than December 31, 2024 ("Dry Bank Mining Operations). However, the City acknowledges that the floor of the mining operations will be excavated after December 31, 2024, in accordance with the Mining Plans (as defined below) to reach the wet mining operations, ("Floor Material"), but Meyer agrees that no primary/field crusher will be operated during the Floor Material process. Cell boundaries referenced on the Mining Plans (as defined below) are approximate and, accordingly, working over an adjacent boundary into cells B, C & D prior to reaching them in the sequence shall not require prior City approval and does not constitute a violation. Provided, however, encroachment into Cell E from adjacent cells is not allowed N b. All wet (below water/below ground level) mining operations, as depicted and designated on the Mining Plans (as defined below) shall be fully and finally completed no later than December 31, 2026 ("Wet Mining Operations"). c. Reclamation of that part of Parcel A depicted and designated on the Mining Plans (as defined below) shall be fully and finally completed no later than December 31, 2021. d. The haul road designated, depicted and specified on the Mining Plans (as defined below) shall be closed off no later than the applicable completion date in Section 1 f, below. e. All reclamation, as depicted and designated on the Mining Plans (as defined below), shall be fully and finally completed no later than December 31, 2026. f. If, on or before December 31, 2022, the conditional use permit under City Ordinance Number 02-1121 is not extended past December 31, 2024, then the final berm removal and restoration, as depicted and designated on the Mining Plans (as defined below), shall be fully and finally completed no later than June 30, 2028. However, if on or before December 31, 2022, the conditional use permit under City Ordinance Number 02-1121 is extended past December 31, 2024, the final berm removal and restoration, as depicted and designated on the Mining Plans (as defined below), shall be fully and finally completed no later than eighteen (18) months after completion of the Northside Mining Activities, as contemplated in the applicable ordinance or annexation agreement relating to the Northside Mining Activities. g. Meyer reserves the right to file suit in the future with regard to any cause of action it may have relating to a wrongful denial of the extension of Ordinance Number 02-1121 relating to the Meyer Northside Mining Activities. Provided, however, this reservation by Meyer is not to be used to construe or interpret any provision of this Ordinance. B. Fees. a. Meyer shall annually pay to the City, during the term of this Amendment, the following fees: • Before February 28, 2019 $300,000 • No later than May 1, 2019 $200,000 • No later than May 1, 2020 $200,000 • $175,000 no later than May 1 of each year 2021-2024 $700,000 • No later than May 1, 2025 $125,000 • No later than May 1, 2026 $ 75,000 3 Total to be paid to the City $1,600,000 b. In the event Meyer fails to meet the Dry Bank Mining Operations deadline, specified in section 1a, above, Meyer shall pay to the City the following additional lump sums (without proration) until all Dry Bank Mining Operations are fully completed: i. $20,000 if not completed on or before December 31, 2024, payable no later than January 15, 2025; ii. $35,000 if not completed on or before January 15, 2025, payable no later than January 31, 2025; iii. $40,000 if not completed on or before on January 31, 2025, payable no later than February 15, 2025; iv. $45,000 if not completed on or before on February 15, 2025, payable no later than February 28, 2025 and v. $100,000 if not completed on the 1st day of each month thereafter, payable no later than the 15th day of the that month. Payment of these additional fees shall not preclude the City from proceeding to suspend or terminate Meyer's mining activities. c. If the Wet Bank Mining Operations specified in section 1b, above, is not completed on or before December 31, 2026, there shall be due and payable from Meyer to the City the City the lump sum of $100,000 (without proration) due on the 1st day of each month thereafter, commencing on January 1, 2027, payable on the 15th day of that month, until all Wet Bank Mining Operations are completed. Payment of this fee shall not preclude the City from proceeding to suspend or terminate Meyer's mining activities. C. Hours of Mining Operation. Excluding New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day and Christmas Day, on which days there will be no field mining (extraction) operations conducted, mining operations shall be conducted only during the following days and hours: weekdays 7 a.m. - 7 p.m.; Saturdays 7 a.m. — 3 p.m.; Sundays closed. Loading and maintenance hours shall be from 5 a.m. to 8 p.m. D. Reclamation Plans/Security. Revised and updated Narrative statement, Existing Conditions Plan, Operations Plan and Reclamation Plan (collectively, "Mining Plans"), dated December 14, 2018 have been prepared by Baxter & Woodman consulting engineers and are attached hereto as Exhibit C, consisting of 4 pages. These Mining Plans shall be further updated by Meyer, for review and approval by the City, no later than December 31 of each year, commencing 2019. Final approval or disapproval of the Updated Mining Plans shall be issued by the City no later than January 30 of each year. The Reclamation Pan and Operations Plan prepared by Associated Planners dated 4 October 1987 including the specific responses to the City Zoning Standards are superseded and replaced by the provision of this Amendment. To secure Meyer's compliance with the Mining Plans, it shall, contemporaneously upon the adoption of this Ordinance, provide to the City the surety bond attached hereto as Exhibit D. Provided, however, no later than December 31, 2024, Meyer shall provide to the City a clean irrevocable letter of credit. The amount of the letter of credit shall be equal to 100% of the estimate established by the City's consulting engineer of the cost at that time, to fully and finally reclaim the entire Subject Property pursuant to the then existing and City approved Mining Plans. The letter of credit shall be issued by a financial institution, in a from, and including conditions of drawing funds all reasonably approved by the City Attorney. At the same time of the submission of the required letter of credit, Meyer, or the then owner in title to the Subject Property, shall provide to the City a fully executed and recordable temporary easement over and on all of the un-reclaimed portions of the Subject Property along with necessary areas of on and over the Subject Property necessary to access the un-reclaimed portions of the Subject Property for the purpose of completing all remaining work required pursuant to the Mining Plans which may be undertaken by the City in its sole discretion and to be paid for out of the letter of credit funds. Upon submission of the required letter of credit, the City shall release the surety bond, Exhibit D. Any work performed by the City or its designees and paid for out of the letter of credit proceeds, shall not unreasonably disrupt the authorized mining activity of Meyer on the Northside of Rt. 120. After Meyer has filed the letter of credit with the City, it may submit progress reports for its reclamation activities and request, not more often than semi-annually, a request to reduce the letter of credit for completed work supported by estimates approved by the City engineer. The city shall reduce the letter of credit following the City Engineer's approval. E. Noise. Noise generated within the Subject Property shall not violate the Illinois Administrative Code, Title 35: Environmental Protection: Subtitle H: Noise: Chapter I Pollution Control Board sections 900.101-900.103 ("Applicable Noise Regulations). To verify compliance with this noise restriction, no later than February 28, 2019, Meyer shall supply City with a new datalogger, and related materials, approved by Meyer and the City's consultant, Tom Thunder, to enable the City to periodically, at City's discretion, test the noise levels wherever and whenever it wants at the border of or otherwise outside of the Meyer property lines. All Meyer -owned vehicles and third -party stripping contractors shall use white noise back-up alarms, unless such use is proscribed by a State adopted law or regulation. All topsoil stripping and overburden work on future mining areas depicted on the Mining Plans shall only be performed before Memorial Day 5 and after Labor Day. The primary/field crusher shall remain a minimum distance from residential property lines of 500 feet. In the event noise levels from the Subject Property are approaching maximum limits set by the Applicable Noise Regulations, and noise complaints continue to be received from the community, Meyer shall apply engineering noise controls, such as enclosures, barriers or mufflers of the offending equipment to alleviate the noise complaints. F. Dust. Visible emissions of particulate matter shall leave the property line in strict compliance with the regulations set forth in 35 III Adm Code 212.301-316 relating to Visible and Particulate Matter Emissions and more specifically, Subpart K: Fugitive Particulate Matter. In addition, dust generated within the Subject Property shall not be permitted to leave the Subject Property at levels higher than the Federal and State PM 10 and PM 2.5 National Ambient Air Quality Standards. To verify compliance with this dust restriction, no later than March 30, 2019, Meyer shall convey to the City a new or reasonably acceptable (to the City) recertified DustTrak DRX Monitoring device approved by the City's dust consultant to enable the City to periodically, at City's discretion, test the dust levels wherever and whenever it wants at the border of or otherwise outside of the Meyer property lines, excluding entrances and adjacent to perimeter berm activity. Provided, however, the City will not enforce the PM 10 and PM 2.5 Standards referenced herein in high winds in excess of 25 mph, as determined by a one -hour average or hourly recorded value at the nearest official station of the U.S. Weather Bureau or by wind speed instruments operated on the site. In cases where the duration of operations subject to this rule is less than one hour, wind speed may be averaged over the duration of the operations on the basis of on -site wind speed instrument measurements. G. Groundwater. Groundwater passing through the Subject Property shall be monitored at two (2) on -site upgradient water wells, at locations depicted on the Existing Conditions Plan of the Mining Plans, and two (2) on -site down gradient locations provided by Meyer no later than May 31, 2019. The location and installation of the monitoring well sites shall be reasonably approved by the City's groundwater consultant to provide valid groundwater samples in accordance with accepted practice and applicable state, county and local guidelines. Such groundwater shall not be permitted to leave the Subject Property, as technically feasible, at water quality levels less than the limits for parameters set forth under the McHenry County Groundwater Ordinance for Earth Extraction Sites. Testing of the groundwater from these well sites shall be conducted quarterly commencing in May of 2019. The samples collected shall be analyzed by a laboratory approved by the City and the results should include QA/QC documentation, including testing data such as date of receipt of sample, condition of sample, proper preservation of sample, etc. The City shall be notified of the proposed sampling dates and times so they, or their A representative, can be present through a representative, and collect duplicate samples, as the City deems necessary. All quarterly testing results and reports shall be delivered to the City Administrator for confirmation of compliance with the applicable standards. H. Illinois Route 120. Illinois Route 120 at the entrance of the Subject Property shall be maintained by Meyer to remove loose gravel and material from the mining activity and reduce dust with water to prevent track out. The driveway and entrance areas to Illinois Route 120 shall be swept or vacuumed by Meyer not less than two (2) days per week and upon reasonable request by the City. In addition, at the weigh station signage will be clearly posted by Meyer requiring all trucks hauling materials to clean the truck sides and back of loose material to prevent spillage. Meyer employees shall inspect trucks leaving the Subject Property and notify drivers to clean loose gravel off their trucks as needed. I. Annual Written Report, with maps/diagrams, to the City Council, copy on Website including the following information over the prior 12 months. a. Annual aerial photos (use of drone video), which include topographic contours at 2-foot contour intervals showing the mining Plan activities on the Subject Property and written and oral reporting/update to City Council no later than December 31 of each year. b. Annual written report to include an accurate representation of the mining review progress and compliance with the Mining Plans from year to year and forecasting for the same during the next 12-month reporting period. c. Equipment modifications and movement, previous year and next operating season. d. Inspections by any agency including City, attended by designated Meyer employee. e. Violations found to have existed, f. Complaints received. g. Fines issued. h. Groundwater monitoring performed/results. i. Required annual and quarterly reports, J. No Violations. There are shall be no substantial or recurring violations of the City of McHenry, State of Illinois or Federal mining, environmental and reclamation laws and regulations. K. Penalty for Violation of this Ordinance. 7 a. Judicial Remedy. In the event that a complaint is filed with the City or the City initiates its own complaint for Meyer's violation of the terms of this Amendment, the complaint shall, in the exclusive discretion of the City be filed in the 22n1 Judicial Circuit Court, McHenry County, Illinois or referred to the City Administrative Adjudication Process and the hearing officer or circuit court judge shall have specific authority under the terms of this Amendment, should a finding of a violation be made, of imposing fines against Meyer for an amount up to and including $1,000 per day for each day of the violation (unless the amount of the fine, fee or penalty is set forth more specifically elsewhere in this Ordinance for the alleged violation, which more specific section shall apply). Provided, however, prior to filing any such complaint in court or referral of any complaint to the Administrative law judge of the City, the City shall provide Meyer with a copy of the complaint and any follow up investigations performed by the City relating to the alleged violation, and provide Meyer with an opportunity to cure the alleged violation of not less than seven (7) days, and if the violation is found by the City Administrator to continue to allegedly exist thereafter, the matter may then be referred to the City Administrative Adjudication Process or circuit court. This opportunity to cure shall not be required for an alleged repeat violation of the same nature, which occurs within 180 days of a prior violation, the nature of which, is determined the City Administrator. In addition to imposing fines, the Circuit Court or Administrative law judge shall have the power to suspend or terminate the mining operations of Meyer, depending on the circumstances. 4. This Amendment shall be binding on the parties hereto, the respective successors, grantees or assigns, until June 30, 2028. 5. Time is of the essence with regard to all completion deadlines stated herein. 6. In the event a lawsuit is filed by any party hereto relating to the Initial Annexation Agreement or this Amendment, the prevailing party shall be entitled to recover, in addition to the cost otherwise recoverable, its reasonable attorney's fees incurred. 7. This Amendment shall be enforceable only in the 22"d Judicial Circuit Court of McHenry County, Illinois, which shall constitute the exclusive venue for any lawsuits filed hereunder. City of McHenry a Chicago Title Land Trust Company, as Trustee under Trust Number 53278 Meyer Material Company, LLC L2 By Z:\M\McHenryCityof\MeyerMaterial\AnnexAgmtAmendSouth 121718.docx H Rental Housing Support Program (RHSP) State Surcharge Exemption Declaration Illinois law (55 ILCS 5/3-5018) requires that the Recorder collect a Rental Housing Support Program State surcharge for the recordation of any real estate -related document unless the entity. recording the document is any State agency, any unit of local government or any school district. M' y checking this box and affixing my signature below, I hereby claim that the entity recording this document is a State agency, a unit of local government or a school district and thus claiming to be exempt from the Rental Housing Support Program State surcharge. �— i t\t r')t ' rY1 C_� [9-11 C Name of State agency, u it of local government or school drstfict recording Ck of person presenting this declaration (Please Print) of person presenting this declaration RHSP Exemption rkebmdon Po:m 20I70327-I.doox (Please Print) Date